Topic: A Comparative Analysis of Breach of Contract and Remedies in Contract Law between the United Arab Emirates, the United Kingdom and the United States
Executive Summary
The dissertation will examine the forms of contract breaches that occur in different countries and the types of remedies available in each country, all of which will be covered in depth in the dissertation.
Overview
Several contract conflicts have arisen as a result of the recent economic changes in the Gulf area and, more notably, in the UAE.[1]. Suppose a claimant or a defendant wishes to pursue contractual damages (among the other remedies available under the UAE legal system). In that case, they should become more familiar with the concept of contractual liability, the types of liability accepted under UAE, U.S. and U.K. law, the components of contractual damages recognized under UAE law, and in particular, the necessary conditions for contractual damages recognized by UAE law. In the same way, the same laws are complied with by the governments of the U.S., U.K. and UAE. Some of the remedies discussed by the researchers related to contract law are: a suit for specific performance, liquidated damages, and an injunction are the three most common types of remedies available. In the U.K., USA and UAE, the breach of contract-based remedies are similar in supporting the parties involved in specific cases. For example, in UAE, if someone violates the employment contract terms, they may face a disciplinary procedure that might result in dismissal in the future. Similarly, in the U.K. and the USA, an employer may also seek damages against you, but only if they have experienced a financial loss as a result of your failure to comply with their policies and procedures.
Background Summary
A contract is a legally binding agreement or commitment between two or more parties that the judiciary may execute. In rare instances, one or more parties involved in the contract fail to honour the obligations and pledges made by the parties to the contract; for this reason, a study between the United States, the United Kingdom, and the United Arab Emirates is necessary.[2]. This sort of incident is referred to legally as a “breach of contract,” which shows that the contract’s promises or agreements were not adhered to as promised[3]. Legally binding contracts can be breached when more than a single party does not live up to their half of the transaction. Even though the violation was unavoidable, the consequences of a contract breach might be fairly severe, even if the breach was unavoidable[4].
The background or literature is explained with the help of a detailed review of the previous literature. As an original approach, secondary data is used for completing the literature review, which helps to complete the entire section of the literature.
Aim
The study aims to have a Comparative Analysis of the Breach of Contract and Remedies in Contract Law between the United Arab Emirates, the United Kingdom and the United States. And to compare that how the rights of parties have been secured through proper contract laws in the U.K., UAE and USA.
Methods
For the entire research, qualitative research is required to be conducted with the help of secondary data, in which different articles, journals and literature will be used to gather relevant and enough data so that a proper comparison can be done between the three chosen countries U.K., U.S. and UAE as well.
Timescale
The following timescale is required to be considered while completing the research:
Chapter – “1 – (Introduction) (Year 1 – First Six Months)
Chapter – 2 – (Literature Review) (Year 1 – Second Six Months)
Chapter – 3 (Research Methodology) (Year 2 – First Six Months)
Chapter – 4 (Data Analysis) (Year 2 – Second Six Months)
Chapter – 5- (Findings and Discussion) (Year 3 – First Six Months)”
Chapter – 6 – (Conclusion & Recommendations) (Year 3 – Second Six Months)
Biography
Dąbrowski, Ł. D. (2021). Arbitration Procedure in Bilateral Investment Treaties–Interactions between National, European and International Courts. In Case-Law and the Development of International Law (pp. 246-260). Brill Nijhoff.
Hay, P. (2021). Forum Selection Clauses-Procedural Tools or Contractual Obligations? Conceptualization and Remedies in American and German Law. Emory Int’l L. Rev., 35, 1.
Murray, M., Olusola, M., & Chiu, E. (2021). Franchising in the United Arab Emirates. Franchise Law Journal, 41(1), 89-102.
Sirena, P., & Patti, F. P. (2021). Blockchain and contract law: Smart contracts. In Blockchain and Public Law. Edward Elgar Publishing.
[1] Sirena, P., & Patti, F. P. (2021). Blockchain and contract law: Smart contracts. In Blockchain and Public Law. Edward Elgar Publishing.
[2] Hay, P. (2021). Forum Selection Clauses-Procedural Tools or Contractual Obligations? Conceptualization and Remedies in American and German Law. Emory Int’l L. Rev., 35, 1.
[3] Dąbrowski, Ł. D. (2021). Arbitration Procedure in Bilateral Investment Treaties–Interactions between National, European and International Courts. Case-Law and the Development of International Law (pp. 246-260). Brill Nijhoff.
[4] Murray, M., Olusola, M., & Chiu, E. (2021). Franchising in the United Arab Emirates. Franchise Law Journal, 41(1), 89-102.
